Careers

Africa & Foreign Jurisdictions

Further, because we view Africa as a reservoir of immense potential for global businesses and investors, we are eager to assist foreign and local clients with IP-related matters throughout the continent, as well as with general commercial legal services

Namibia

Trade Mark

Forms part of

Yes

ARIPO

No

OAPI

Yes

MADRID

Yes

SERVICE CLASSES

NA

NICE CLASSIFICATION

11th Edition

Yes

WELL-KNOWN TRADE MARKS RECOGNISED?

OAPI

ARIPO

International Arrangements

Namibia is a party to the Madrid System for international registration of trade marks, the African Regional Intellectual Property Organisation (ARIPO) and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Classification

Namibia follows a multi-class filing system in terms of the 11th Edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 18 months. Trade mark applications are examined for compliance with formal requirements only and are published in the official gazette after acceptance. Trade marks may be opposed within 60 days from the date of publication.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention and common law trade marks are recognised in Namibia.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.

Customs Recordal

Customs recordals are possible.

Patent

Forms part of

Yes

ARIPO

No

OAPI

Yes

PARIS CONVENTION

Yes

PCT

OAPI

ARIPO

International Arrangements

ARIPO
Paris Convention
PCT

Types of patents

National patents (patent of invention, patent of addition)

Novelty requirements

Relative, destroyed by prior local knowledge/use or sale for more that two years outside of Namibia.

Grace period/Prior knowledge

Six months (internationally recognised exhibitions only)

Examination procedure

Formal examination only.
Grant

Duration and maintenance

Duration is fourteen years from the filing date, extendable a further seven or fourteen years upon application.
Annual maintenance.

Working requirement

Sufficient working within two years of grant, failing which patent may become subject to grant of compulsory licence of revocation.